There are several types of drug offenses in New Mexico. Two of the most significant ones are drug possession and drug trafficking. These are separate offenses that come with very different potential penalties. While both can result in felony charges, trafficking can come with a substantially greater prison sentence.
Understanding the differences between these offenses can help if you or someone you know is faced with charges in Albuquerque or elsewhere in Bernalillo County. Different factors can affect the charge, including the substance involved and the evidence of what the individual intended to do with it. One common misconception, for example, is that trafficking needs to be transported across a border.
We’ll help explain the difference between drug trafficking and possession in New Mexico and how a drug trafficking attorney can help.
What is simple drug possession?
Simple drug possession typically means knowingly and unlawfully possessing a controlled substance without the intention to distribute. According to New Mexico law, possession is authorized for certain substances, such as prescribed medication, or for use within the home.
Possession can involve drugs physically on someone’s person. It can mean that someone knew about the drugs and had control over them, known as ‘constructive possession’. Just being near drugs doesn’t necessarily meet those requirements.
It’s also easy to be confused by the word ‘simple’. This doesn’t mean that the offense itself is minor. If you are found in possession of methamphetamine or Schedule I or II narcotic drugs, this could be classed as a fourth-degree felony, even if intended for personal use. Other substances may carry a misdemeanor penalty.
What counts as drug trafficking in New Mexico?
New Mexico’s trafficking statute covers several activities. These include manufacturing controlled substances, distribution, selling, exchanging, or giving away certain drugs. Possession with intent to distribute those drugs also qualifies.
The distribution and possession-with-intent provisions will also apply to Schedule I or II drugs, methamphetamine and certain controlled substances. A completed sale doesn’t need to have happened to constitute an offense – possessing a covered substance with the intent to supply or distribute can also support a trafficking charge. This also applies to substances given away for free.
The type of substance is important because New Mexico has separate rules in place for distribution and possession with intent to distribute other controlled substances. Not every type of drug distribution will be charged as a trafficking offense.
How is intent to distribute established?
When someone is accused of possession with intent to distribute, the prosecutors must prove more than just unlawful possession. They must establish that the person intended to transfer the substance to another person. The evidence could include the amount recovered, separate packaging, scales and other items that may suggest distribution. These details must be considered together to help prove the offense.
For a trafficking case, the defense will need to establish whether the person had control over the drugs, what they were and that they planned to give or sell them to someone else. In a possession with intent case, the prosecutors must be able to prove this beyond a reasonable doubt.
What are the potential penalties?
The penalties for drug trafficking in New Mexico can be substantial and include:
- Fourth-degree felony possession: A basic prison term of 18 months plus a possible fine of up to $5,000.
- First trafficking offense: A second-degree felony, which carries a basic prison sentence of nine years and a possible fine of up to $10,000.
- Second or subsequent trafficking offense: Classed as a first-degree felony, which carries a basic prison sentence of 18 years and a possible fine of up to $15,000.
These penalties should be treated as a guide, as there are other circumstances which can add years to basic sentences, including whether the incident took place in a drug-free school zone.
Contact Lizzy Bunker, your drug trafficking attorney in Albuquerque
Facing a drug charge can leave you feeling uncertain about your future and where you stand with the law. Working with a drug trafficking attorney in Albuquerque, like Lizzy Bunker, can ensure the allegations are reviewed carefully, assess the evidence to see if an intent to distribute is there, and explain potential penalties in detail. Based in Albuquerque, the team covers cases in Bernalillo, Taos, Valencia, Sandoval, and Dona Ana counties, advocating on your behalf to secure the best outcome.
Contact us today to discuss your drug possession or tracking case and understand your defense options.